DMP mutual support thread part 13 !!

funny_bunny

sourcrates said:

@funny_bunny

Dryden`s may consider taking legal action, it depends on how you deal with them. 

Note what Capquest have said -

"contact Dryden`s directly for details or if I am experiencing financial difficulty"

Now in all likelihood, they (Dryden`s) will write to you, you should then respond informing them of your circumstances, and that all you can afford currently are token payments, or whatever strategy it is you wish to employ.

You treat them no differently to any other DCA, anyone can take legal action against anyone else, they are nothing special.

Remember, they must follow the civil procedure rules, a letter before action must be sent before any intended legal action, that gives you 30 days to arrange an affordable payment plan.

Courts use the same budget that Dryden`s do, to determine payments, so you will never be forced to pay more than what is affordable should it progress to the courts.

Legal action is nothing to be afraid of, or to be upset by, it`s simply another stage, you occasionally have to go through, once you understand the process you realise it benefits you and the creditor, but is generally used by creditors as am underhand threat to force you to pay.

Thank you for your response @sourcrates

Just received a letter from Drydens today, seems very quick.

I have contacted through their portal, also uploaded a letter offering a token payment of £1 (setup a standing order) while I am sorting out my SOA with CAB. The letter does say "we will issue you with a Letter of Claim of behalf of our client and full balance will remain due if we do no hear you by certain date."

Does that mean the account will escalate further for possible court claim regardless of my offer of token payment?

sourcrates

funny_bunny said:

sourcrates said:

@funny_bunny

Dryden`s may consider taking legal action, it depends on how you deal with them. 

Note what Capquest have said -

"contact Dryden`s directly for details or if I am experiencing financial difficulty"

Now in all likelihood, they (Dryden`s) will write to you, you should then respond informing them of your circumstances, and that all you can afford currently are token payments, or whatever strategy it is you wish to employ.

You treat them no differently to any other DCA, anyone can take legal action against anyone else, they are nothing special.

Remember, they must follow the civil procedure rules, a letter before action must be sent before any intended legal action, that gives you 30 days to arrange an affordable payment plan.

Courts use the same budget that Dryden`s do, to determine payments, so you will never be forced to pay more than what is affordable should it progress to the courts.

Legal action is nothing to be afraid of, or to be upset by, it`s simply another stage, you occasionally have to go through, once you understand the process you realise it benefits you and the creditor, but is generally used by creditors as am underhand threat to force you to pay.

Thank you for your response @sourcrates

Just received a letter from Drydens today, seems very quick.

I have contacted through their portal, also uploaded a letter offering a token payment of £1 (setup a standing order) while I am sorting out my SOA with CAB. The letter does say "we will issue you with a Letter of Claim of behalf of our client and full balance will remain due if we do no hear you by certain date."

Does that mean the account will escalate further for possible court claim regardless of my offer of token payment?

If it did, you send the court that budget, and payment would still be set at £1, so little point in legal action.

They are trying to weed out the ones who won`t pay, from those who can`t pay, you have to show which camp you are in.

funny_bunny

Moveslikeagger said:

They wont take you to court. just tell them you will pay a fiver a month due to your current situation. then pay and ignore. eventually they stop calling and writing and just accept it. they did for me anyway 

Drydens gave me two days to respond or else they will send 'Letter of Claim on behalf of ....'! The letter itself is dated 23/5.

I sent a £1 token payment and informed via their website that I have setup a standing order of £1/month as token payment while working on my SOA; also informed them my MH. I am currently taking anxiety medicine; I work FT but just barely enough to get by, to make things worse work related stress is just killing - some of my colleagues went on sick leave; I have requested my GP for referral to talking therapy.

funny_bunny

I am about to finalise my SOA for the creditors - £55K in total and decided to go self-managed dmp, huge thanks to this great forum that helped me to this journey so far, and nedcab tool.

It's been a long process to go through all expenses bit by bit since I cancelled my DDs to credit cards last year, got a new bank account and have set my wages and DD/SO to that account; it's unbelievable how much all the expenses add up to when calculated the total!

Good news is all my CC/OD have defaulted by end of 2023 and most of them changed ownership.

Quick question: I pay a fixed amount towards mortgage every month to OH's account who owns the house, not me.

Should I mention that expense as 'mortgage payment' or 'rent' payment'?

Also, do I have to mention spouse's income in the SOA or just ignore that part? I am the main earner in the family, OH doesn't have anything to do with my debt as we don't share any financial association.

Thank you in advance for any advice/tips/hints.

sourcrates

@funny_bunny

Do what you wish, what you feel is acceptable, you call the shots, no one else.

funny_bunny

sourcrates said:

@funny_bunny

Do what you wish, what you feel is acceptable, you call the shots, no one else.

Thank you.

funny_bunny

I have lodged an affordability complaint with HSBC for my OD which has defaulted end of last year and currently managed by Moorcroft. 

Should I wait until this is resolved or an offer of token payment to Moorcroft would invalidate that complaint?

sourcrates

Nothing you do will invalidate a complaint, except if you choose to withdraw it.

Moorcroft are just collectors, there of no importance.

Debtbegone2022

I have started to receive some paperwork back from my Cca requests.

What should I be receiving back, I am a bit confused.

original/reconstituted agreement (do they actually say ‘reconstituted’? )

Statements of the account from the beginning and the current balance?

A letter from the DCA stating this is enforceable?

If only the agreement is sent with nothing else, does this make it enforceable?

stu12345_2

normally they state they have the right to produce a reconstituted agreement and they also must supply a statement of transactions, they can go from right from the start until the date the debt got sold to the new debt owner.

some only send a year of statements but you must have both the agreement copy and a statement to make it enforceable .

they should state they have satisfied your requests and the debt is now enforceable 

watch out for PRA cos they don't state the debt is now enforceable, I caught them out with that and they gave me £25 then rewrote it saying it's now enforceable in their opinion 

this explains it all, please read, it's worth it.
https://debtcamel.co.uk/ask-cca-agreement-for-debt/